51192 Federal Register / Vol. 71, No.
167 / Tuesday, August 29, 2006 / Notices
Within thirty (30) months of entry of
the consent decree, the appropriate EPA
official will sign and promptly forward
to the Office of Federal Register one or
a combination of the following for each
NSPS: (a) A final determination that
review of the NSPS is not appropriate in
light of readily available information on
the efficacy of such standard; (b) a final
determination that based on a complete
review of the NSPS, revision is not
appropriate; or (c) a final rule
containing revisions to the NSPS.
For a period of thirty (30) days
following the date of publication of this
notice, the Agency will receive written
comments relating to the proposed
consent decree from persons who were
not named as parties or intervenors to
the litigation in question. EPA or the
Department of Justice may withdraw or
withhold consent to the proposed
consent decree if the comments disclose
facts or considerations that indicate that
such consent is inappropriate,
improper, inadequate, or inconsistent
with the requirements of the Act. Unless
EPA or the Department of Justice
determines, based on any comments
which may be submitted, that consent to
the consent decree should be
withdrawn, the terms of the decree will
be affirmed.
II. Additional Information About
Commenting on the Proposed Consent
Decree
A. How Can I Get A Copy of the Consent
Decree?
Direct your comments to the official
public docket for this action under
Docket ID No. EPA–HQ–OGC–2006–
0727 which contains a copy of the
consent decree. The official public
docket is available for public viewing at
the Office of Environmental Information
(OEI) Docket in the EPA Docket Center,
EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OEI Docket is (202) 566–
1752.
An electronic version of the public
docket is available through http://
www.regulations.gov. You may use the
http://www.regulations.gov to submit or
view public comments, access the index
jlentini on PROD1PC65 with NOTICES
listing of the contents of the official
public docket, and to access those
documents in the public docket that are
available electronically. Once in the
system, select ‘‘search,’’ then key in the
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appropriate docket identification
number.
It is important to note that EPA’s
policy is that public comments, whether
submitted electronically or in paper,
will be made available for public
viewing online at http://
www.regulations.gov without change,
unless the comment contains
copyrighted material, CBI, or other
information whose disclosure is
restricted by statute. Information
claimed as CBI and other information
whose disclosure is restricted by statute
is not included in the official public
docket or in the electronic public
docket. EPA’s policy is that copyrighted
material, including copyrighted material
contained in a public comment, will not
be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. Although not all docket
materials may be available
electronically, you may still access any
of the publicly available docket
materials through the EPA Docket
Center.
B. How and to Whom Do I Submit
Comments?
You may submit comments as
provided in the ADDRESSES section.
Please ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked ‘‘late.’’ EPA is not required to
consider these late comments.
If you submit an electronic comment,
EPA recommends that you include your
name, mailing address, and an e-mail
address or other contact information in
the body of your comment and with any
disk or CD ROM you submit. This
ensures that you can be identified as the
submitter of the comment and allows
EPA to contact you in case EPA cannot
read your comment due to technical
difficulties or needs further information
on the substance of your comment. Any
identifying or contact information
provided in the body of a comment will
be included as part of the comment that
is placed in the official public docket,
and made available in EPA’s electronic
public docket. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Use of the http://www.regulations.gov
Web site to submit comments to EPA
electronically is EPA’s preferred method
for receiving comments. The electronic
public docket system is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity, e-mail address,
or other contact information unless you
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provide it in the body of your comment.
In contrast to EPA’s electronic public
docket, EPA’s electronic mail (e-mail)
system is not an ‘‘anonymous access’’
system. If you send an e-mail comment
directly to the Docket without going
through http://www.regulations.gov,
your e-mail address is automatically
captured and included as part of the
comment that is placed in the official
public docket, and made available in
EPA’s electronic public docket.
Dated: August 21, 2006.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E6–14316 Filed 8–28–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8213–5]
FY 2006 and 2007 Targeted
Watersheds Grant Program:
Availability of Funds and Request for
Proposals for Implementation Projects
(CFDA 66.439—Funding Opportunity
Number EPA–OW–OWOW–06–3)
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice, extension of the
submission date for proposals for
watershed projects.
SUMMARY: On August 15, 2006, EPA
published a notice announcing the
availability of funds for grants and
cooperative agreements under EPA’s
Targeted Watersheds Grant Program.
The announcement solicits proposals
for watershed restoration and/or
protection projects throughout the
country. This notice is to extend the
submission date for proposals to
November 15, 2006. EPA is extending
the submission date for proposals to be
consistent with Agency
communications.
DATES: Proposals are now due by
November 15, 2006.
ADDRESSES: Erin Collard; USEPA; Office
of Wetlands, Oceans, and Watersheds;
Room 7136G; Mail Code 4501T; 1301
Constitution Avenue, NW.; Washington,
DC 20004; telephone: 202–566–2655.
FOR FURTHER INFORMATION CONTACT: For
questions regarding this extension,
please contact Carol Peterson at 202–
566–1304 or by e-mail at
peterson.carol@epa.gov. A copy of the
Targeted Watersheds Grant Program
Request for Proposals, this notice
extending the date for submitting
proposals, and additional information
on the program can be found on the
29AUN1
 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Notices
Targeted Watersheds Grant Web site at
http://www.epa.gov/twg.
Dated: August 22, 2006.
Bonnie Thie,
Acting Director, Office of Wetlands, Oceans
and Watersheds.
[FR Doc. 06–7216 Filed 8–28–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OECA–2006–0748; FRL–8213–1]
Notice of Intent To Provide Internet
Publication of Proposed Penalties
under the Clean Water Act and Safe
Drinking Water Act
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: Notice is hereby given that
the Environmental Protection Agency
(EPA) intends to issue notices of
proposed penalty orders issued under
the Clean Water Act and the Safe
Drinking Water Act via the Internet.
EPA is encouraging the Regions to use
the Internet as a more effective and
efficient means to provide such notice.
FOR FURTHER INFORMATION CONTACT:
Kelly Kaczka Brantner, Office of
Enforcement and Compliance
Assurance, Office of Civil Enforcement,
Water Enforcement Division, Mail Code
2243A, Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone
number: 202–564–9933; fax number:
202–564–0018; e-mail address:
Brantner.Kelly@epa.gov.
SUPPLEMENTARY INFORMATION: Both the
Clean Water Act and the Safe Drinking
Water Act authorize the U.S.
Environmental Protection Agency (EPA)
to assess administrative penalties for
specified violations of the Act. See
sections 309(g) and 311(b)(6) of the
Clean Water Act (CWA), 33 U.S.C.
1319(g) and 33 U.S.C. 1321(b)(6) and
section 1423(c) of the Safe Drinking
Water Act (SDWA), 42 U.S.C. 300h–2(c).
These provisions require EPA to provide
public notice of any civil penalty order
before issuing any such order.
For such administrative actions,
EPA’s Consolidated Rules of Practice
Governing the Administrative
Assessment of Civil Penalties, 40 CFR
Part 22, require notice to the public ‘‘by
jlentini on PROD1PC65 with NOTICES
a method reasonably calculated to
provide notice.’’ 40 CFR 22.45(b)(2).
Typically, notice is provided through
publication in newspapers of general
circulation.
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The Part 22 rules and the Clean Water
Act do not define what methods of
notice are reasonable. Courts have
recognized that the Internet may be one
method reasonably calculated to
provide public notice. Thus, for
example in discussing service of process
by e-mail, the United States Court of
Appeals for the Ninth Circuit has
recently described in broad language a
court’s authority to adapt its procedures
to meet technological advances as
follows:
‘‘In proper circumstances, this broad
constitutional principle [i.e., that the selected
method of service must be reasonably
calculated to provide notice and an
opportunity to respond] unshackles the
federal courts from anachronistic methods of
service and permits them entry into the
technological renaissance.’’ Rio Properties,
Inc. v. Rio International Interlink. 284 F.3d
1007, 1017 (9th Cir. 2002)
Given the wide accessibility of the
Internet among the population, the
Office of Enforcement and Compliance
Assurance has concluded, in
consultation with the Office of General
Counsel, that publication through such
means is reasonably calculated to
apprise the public of such proposed
orders. Thus, Internet notice would
meet the requirements of the CWA,
SDWA, and EPA regulations.
Using the Agency’s Internet site to
provide notice of proposed actions
makes the notice available to the public
during the entirety of the comment
period rather than on the one day that
the notice is published in the local
newspaper. The Internet provides a cost
effective means of providing access to a
larger number of notices, in one place,
for a longer period of time.
Additionally, while the Agency tries
to provide notice to those most likely to
be affected by an action by publishing
notice in local newspapers, in using the
Internet, the Agency can reach a broader
audience. This will enable those
interested persons beyond the finite
distribution areas of local newspapers to
be made aware of pending agency
actions.
EPA Headquarters is encouraging the
Regions to use the Agency’s Internet site
to provide notice of proposed CWA and
SDWA actions. To ensure wide public
acceptance of public notice provided
through the Internet, the Office of
Enforcement and Compliance Assurance
is recommending procedures designed
with two objectives in mind: Making the
public aware that notices will be
available on the website for the Region
issuing the order, and providing easy
access to the notices. We suggest
consideration of the following practices
for Web based notices:
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51193
—The Region’s homepage should
include a link entitled ‘‘Public
Notices Under Sections 309(g)and
311(b)(6) of the Clean Water Act and
Section 1423(c) of the Safe Drinking
Water Act.’’ (Public Notice).
—The Public Notice Web page should
provide a link to the actual notices as
well as the docket number, the date
the notice is posted, the Respondent’s
name, the state where they are
located, and the proposed penalty.
—The notice should be accessible from
the Public Notice Web page in html
format or as a PDF file which includes
all the information required under 40
CFR 22.45(b)(2).
—The Public Notice Web page should
list the actions that are being noticed
in chronological order.
—The Public Notice Web page may list
notices for which the agency is
currently accepting comment more
prominently than those which have
expired. However, public notices
should remain on the Web site for a
reasonable time once the comment
period has expired.
—The Web page should also include a
link to download Adobe Acrobat with
easily understood instructions for
doing so.
We recognize that not all members of
the public may have ready access to the
Internet, however due to the general
availability of the Internet through
schools, offices and libraries, we believe
that Internet notice will likely reach a
larger audience than has the past
practice of publishing a notice in a
newspaper provided that the above
practices are followed. Because there
may be circumstances in which the lack
of access to computers in low-income
communities may raise environmental
justice issues, Regions may consider
providing supplemental notice.
In particular instances where the
Regions find that additional notice may
be helpful, newspaper notice, press
release or other forms of communication
may supplement the Internet notice.
Mark Pollins,
Director, Water Enforcement Division, Office
of Civil Enforcement, Office of Enforcement
& Compliance Assurance.
[FR Doc. E6–14315 Filed 8–28–06; 8:45 am]
BILLING CODE 6560–50–P
OFFICE OF SCIENCE AND
TECHNOLOGY POLICY
Meeting of the President’s Council of
Advisors on Science and Technology
ACTION: Notice of meeting.
29AUN1